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days after the date of service of a notice of objection, if any, to your Claim. Unless the <br />Court orders otherwise, your Claim will not be counted for voting purposes in excess of <br />the amount determined in accordance with the Tabulation Rules. <br />.5 Classes 3A — 3F. (Other Secured Claims); 4A — 4F. (Other Priority Claims); <br />Classes 9A — 9E Claims (Intercompany Claims); and 12B —12E (Subsidiary Debtor Interests) <br />under the Plan are unimpaired and, therefore, are conclusively presumed to accept the Plan in <br />accordance with section 1126(f) of the Bankruptcy Code.2 Classes 5D (General Unsecured <br />Claims against Gib 1); 9A (Section 510(b) Subordinated Securities Claims); and 1 IA (PEC <br />Interests) under the Plan are impaired, but will not receive any Distribution pursuant to the Plan <br />and, therefore, consistent with section 1126(8) of the Bankruptcy Code, will be deemed to have <br />rejected the Plan .3 For the foregoing reasons, solicitation of Classes 3A — 3E; 4A — 4E; 513; <br />9A — 9E; 10A; I IA; and 12B — 12E (collectively, the "Non -Voting Classes") under the Plan is <br />not required, and no Ballots have been proposed for creditors and equity security holders in these <br />classes. Each holder of a Claim or Interest in the Non -Voting Classes that is not a Debtor or an <br />affiliate of a Debtor will receive a Notice of Non -Voting Status. <br />6. In connection with confirmation of the Plan, the Debtors are seeking <br />approval of certain releases, including releases of certain non -Debtor entities, that will become <br />effective and binding on the Effective Date in accordance with the terms of the Plan and the <br />Confirmation Order. The releases and exculpation provisions are as follows: <br />General Releases by Debtors and Reorganized Debtors. Without <br />limiting any other applicable provisions of, or releases contained in, <br />the Plan, as of the Effective Date, the Debtors and the Reorganized <br />Debtors, on behalf of themselves and their affiliates, the Estates and <br />their respective successors, assigns and any and all Persons who may <br />purport to claim by, through, for or because of them, will forever <br />release, waive and discharge all Liabilities that they have, had or may <br />have against any Released Party except with respect to obligations <br />arising under the Plan; provided, however, that the -foregoing <br />provisions shall not affect the liability of any Released Party that <br />otherwise would result from any act or omission to the extent that act <br />or omission subsequently is determined in a Final Order to have <br />constituted gross negligence or willful misconduct. <br />General Releases by Holders of Claims or Interests. Without limiting <br />any other applicable provisions of, or releases contained in, the Plan, <br />2 Section 1126(f) of the Bankruptcy Code provides that "a class that is not impaired under a plan, and each <br />holder of a claim or interest of such class, are conclusively presumed to have accepted the plan. and <br />solicitation of acceptances with respect to such class from the holders of claims or interests of such class is <br />not required." 11 U.S.C. § 1126(f). <br />Section 1126(g) of the Bankruptcy Code provides that "a class is deemed not to have accepted a plan if <br />such plan prox-ides that the claims or interests of such class do not entitle the holders of such claims or <br />interests to receive or retain any property under the plan on account of such claims or interests." <br />11 U.S.C. § 1126(g). <br />-3- <br />001KC0001 81247-1 DOMESTIC 59893/005578/027888 <br />